Whereas pursuant to resolution of the Town Board, the Planning Board is empowered to modify applicable provisions of Chapter
190, Zoning, in accordance with the provisions of § 278 of the Town Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of open lands, the following shall be the procedure and standards:
A. Request by subdivider. A subdivider may request the use of § 278 simultaneously with or subsequent to presentation of the sketch plan as per procedure described in Article
III. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plan review.
B. Sketch plan. A subdivider shall present along with a proposal in accordance with the provisions of § 278, a standard sketch plan which is consistent with all the criteria established by these Subdivision Regulations, including, but not limited to, streets being consistent with the street specifications, and lots being consistent with Chapter
190, Zoning.
C. Park, recreation, open space or other municipal purposes.
If the application of this procedure results in a plat showing land available
for park, recreation, open space, or other municipal purposes, directly related
to the plat, then conditions as to ownership, use and maintenance of such
lands as are necessary to assure the preservation of such lands for their
intended purposes shall be set forth by the Planning Board.
D. Plat submission. Upon determination that such sketch
plan is suitable for the procedures under § 278 and subsequent to
the resolution authorizing the Planning Board to proceed, a preliminary plat
meeting all of the requirements of the resolution shall be presented to the
Planning Board and thereafter the Planning Board shall proceed with the required
public hearings and all other requirements of these regulations.
E. Filing, notation on Zoning Map. On the filing of a plat
in the office of the County Clerk in which § 278 has been used,
the subdivider shall file a copy with the Town Clerk, who shall make appropriate
notations and reference thereto in the Town Zoning Map. The Secretary of the
Planning Board shall notify the Building Inspector when such a plat is filed.